Lawyers, Answer Questions  & Get Points Log In
Mississippi Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Traffic Tickets for Mississippi on
Q: In Mississippi are speeding tickets considered a civil penalty? If so would it be possible to include one in a chapter?

Chapter 7 Bankruptcy , civil traffic fines

Dalton Middleton
Dalton Middleton answered on Sep 8, 2019

A traffic ticket is not dischargeable in a Chapter 7 bankruptcy.

1 Answer | Asked in Bankruptcy and Consumer Law for Mississippi on
Q: I believe the statutes of limitations on delinquent credit card debt in Mississippi is 3yrs. When does that 3yrs, start

Is it from the date of the last payment made on the account or does it start 180 days after the last payment made on the account

Randall R. Saxton
Randall R. Saxton answered on Aug 7, 2019

The statute of limitations starts on the date of last activity on your account. This could be the date you last made payment, but it could also be the date you last used the account, made a promise to pay, entered a payment agreement, or acknowledged liability for the debt.

1 Answer | Asked in Bankruptcy and Small Claims for Mississippi on
Q: I need assistance filing a motion to Lift a Stay for post-petition debt.

We have a judgment against a person who was already in bankruptcy when she incurred the debt with us.

Timothy Denison
Timothy Denison answered on Jul 24, 2019

There are any number of forms online that you can use as a template for the motion.

1 Answer | Asked in Bankruptcy, Contracts and Collections for Mississippi on
Q: Medical bill from 2014. I have been making payments. They just added a charge from October of 2014 to my acct.

Bill was 317.40 as of 2/15. I have made 2 $50 payments since then and my bill from 3/14 shows a balance of 473.40 with a new charge of 164.99 from 10/2014.

Timothy Denison
Timothy Denison answered on Mar 20, 2019

What is your question?

2 Answers | Asked in Bankruptcy for Mississippi on
Q: Can a husband or wife legally file bankruptcy without the other knowing about it in the state of MS.?

It would seem to me that both signatures are required since a bankruptcy would affect both people in the marriage. Is it legal that my husband is doing this? He will not disclose the attorney to me so that I can ask.

Timothy Denison
Timothy Denison answered on Mar 15, 2019

A spouse does not have to include the other spouse in a bankruptcy, regardless of whether that is a good decision.

View More Answers

1 Answer | Asked in Bankruptcy for Mississippi on
Q: My wife is seeking divorce an we just filed chapter 13 bankruptcy how will that be taken care of

Our house an vehicles are in the bankruptcy will the bankruptcy be nulled an all assets be taken back or can we just start paying the notes again

Timothy Denison
Timothy Denison answered on Feb 5, 2019

Ideally, you should consult a lawyer who practices both in divorce and bankruptcy. As to how to proceed. Certain actions are prohibited and certain actions are not.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I need help in finding legal aid to file for bankruptcy

I am unemployed.

Timothy Denison
Timothy Denison answered on Nov 29, 2018

Contact your local bar association or local legal aid society. They will assist you.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: My disposable income will change on Jan 1 for three years. How/when do I file? Will trustee take changes into account?

Live in government run retired military home (Armed Forces Retirement Home – independent agency of the Executive branch). Announced a HUGE fee increase. Fees to go from $1458 to $3054 a month. Aggressive letter writing campaign – Congress ordered three years phase in. (Ordered by law – in the... Read more »

Timothy Denison
Timothy Denison answered on Nov 23, 2018

You lost it in your petition and explain the increases. The trustee will take it into account.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I've filed for chapter 13 and have been paying on it for over two years. I kept my vehicle but would like to sell it or

trade it in. Can I and how would I do that?

Timothy Denison
Timothy Denison answered on Sep 29, 2018

You need to get permission to do that from the court.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Will my pension be considered an asset if I file for bankruptcy?
Timothy Denison
Timothy Denison answered on Jun 4, 2018

Yes. However, you may protect it by using one of your exemptions for certain property.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Recently gave a house I owned to daughter. I still own my residence with a loan on I can repay

I just have another personal loan i just cannot pay it has no Collateral. my car is paid for as well as all my credit cards i am a widow with VA check benefits on my deceased spouse who i get benefits on related to agent orange in Vietnam. Can I still keep my Veterans benefits and able to file... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Apr 9, 2018

The VA benefits are not an issue. However, your giving the home to your daughter is an issue, and a trustee may be able to sell the property to pay your creditors.

Information provided for informational purposes only and should not be taken as legal advice.

1 Answer | Asked in Family Law and Bankruptcy for Mississippi on
Q: if being sued for restitution of medical bills can u file bankrupecy to keep from paying restitution
Baskin Lowber Jones
Baskin Lowber Jones answered on Mar 20, 2018

Medical bills should be dischargable in bankruptcy. Consult a Jackson Bankruptcy attorney.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I was wondering if I filed chapter 13 bankruptcy could a loan company repo the collateral that was used for the loan
David Earl Phillips
David Earl Phillips answered on Mar 10, 2018

Your chapter 13 plan may be able to avoid the lien on the property or provide for treatment of the items as secured. Either way, you should be able to keep the collateral. See a bankruptcy lawyer near you and they will be able to determine your best options. Hope it works out. Good luck!

1 Answer | Asked in Bankruptcy and Child Support for Mississippi on
Q: What can I do if my Ex and his wife filed a chapter 13 which has stopped my accrued child support payments significantly

The last payment from garnishment was in June 2017. I was told by the trustee that after I filed my proof of claim I would receive retroactive payments on the first check. I received the first check in December 2017 without the full retroactive amount. The second payment came in January 2018. I was... Read more »

Robert Gambrell
Robert Gambrell answered on Feb 20, 2018

You should contact the MS Department of Human Services, Child Support Collection Division to determine if you can get free assistance with the collection of child support.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I am supposed to pay a bill by the end of the month to an attorney can I still file bankruptcy and stop that?
Robert Gambrell
Robert Gambrell answered on Feb 20, 2018

Assuming that the bill is a payment on a debt for previous work performed the lawyer, the automatic stay that will go into place once you file for relief under the bankruptcy code will preclude any collection activity except for some types of collection for child support or alimony and collection... Read more »

1 Answer | Asked in Bankruptcy and Consumer Law for Mississippi on
Q: Looking into buying a vehicle that was in bankruptcy.. owner has no title bankruptcy has been discharged..
Randall R. Saxton
Randall R. Saxton answered on Feb 15, 2018

The owner will need to contact the lender to see if the lender will release the title. The lender is not required to do so if their lien was never paid.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I filed an apartment under bankruptcy 5 years ago can I reapply at the same apartment?
Randall R. Saxton
Randall R. Saxton answered on Jan 25, 2018

Yes, you may reapply, but whether you are accepted will depend upon that company's policies.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I was discharged in October, and I haven't worked since October 31 due to surgery, and now behind on car note.

I have no income coming in at for the last three months. I filed the car on bankruptcy, but reaffirmed loan.

Randall R. Saxton
Randall R. Saxton answered on Dec 26, 2017

If you secure a source of income, you could catch up the car payments that are behind through a Chapter 13 plan.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: What is a partially avoiding lien order on personal property. After chapter 7

It was a hospital bill

Cristina M. Lipan
Cristina M. Lipan answered on Dec 19, 2017

See this link for a full explanation:

https://wassonthornhill.com/the-judgment-liens-that-can-be-avoided-from-your-homes-title/

Information provided for informational purposes only and should not be taken as legal advice.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I am on Chapter 13 bankruptcy. I just had a baby and struggling. Can you get a personal loan while im on bankruptcy
Randall R. Saxton
Randall R. Saxton answered on Dec 18, 2017

Yes, if the lender agrees, you can either pay the post-petition debt outside of your plan or request court approval for the debt to be added to your plan.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.